Legal Opinion
Commonwealth of Massachusetts v. Blackstone Valley Electric Company
Court of Appeals for the First Circuit
Decided October 6, 1995No. 94-2286PublishedCited by 78 opinions
1Opinion of the Court
LYNCH, Circuit Judge.
The Commonwealth of Massachusetts seeks to recover response costs under CERCLA and Mass.Gen.L. ch. 21E from Blackstone Valley Electric Co. (“BVE”) for the removal of ferric ferroeyanide (“FFC”) from a waste site in North Attleboro, Massachusetts. The Commonwealth’s ability to recover its response costs, said to be $5.8 million, turns largely on the question of whether FFC is a “hazardous substance” within the meaning of CERCLA. The broader concern raised by this case is identifying who should decide that question and by what process. We hold that neither CERCLA nor the…
2Cases cited29 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- United States v. Western Pacific RailroadSupreme Court of the United States · 1956
- Corning Glass Works v. BrennanSupreme Court of the United States · 1974
- Martin v. Occupational Safety & Health Review CommissionSupreme Court of the United States · 1991
- Far East Conference v. United StatesSupreme Court of the United States · 1952
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3Cited by78 opinions
- Susan M. ROSENBERG, Plaintiff, Appellee, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC. and John Wyllys, Defendants, AppellantsCourt of Appeals for the First Circuit · 1999
- Goodrich v. BetkoskiCourt of Appeals for the First Circuit · 1996
- Lomas Mortgage, Inc. v. Esperandieu & Antonine LouisCourt of Appeals for the First Circuit · 1996
- Pejepscot Industrial Park, Inc. v. Maine Central RailroadCourt of Appeals for the First Circuit · 2000
- Fit Tech, Inc. v. Bally Total Fitness Holding Corp.Court of Appeals for the First Circuit · 2004
73 more not listed; retrieve them via the Exa API.